This matter is before the Authority on an exception to the award of
Arbitrator Edward C. Pinkus filed by the Activity under section 7122(a) of the
Federal Service Labor - Management Relations Statute and part 2425 of the
Authority's Rules and Regulations.

II. Background and Arbitrator's Award

The grievant was suspended for 5 days for fighting with another employee
while on duty. The parties stipulated the issue for resolution as whether the
suspension of the grievant "promotes the efficiency of the Service."

The Arbitrator credited the grievant's testimony and found that the
record established that the grievant was acting in self-defense. Accordingly,
as his award, he ruled that the suspension of the grievant did not promote the
efficiency of the Service.

III. Discussion

The Activity contends that the award is deficient on two grounds. First,
the Activity argues that the award is contrary to applicable decisions of the
Merit Systems Protection Board and the courts because, under the principles
enunciated in those decisions, the Arbitrator could only reduce the discipline
imposed if he found that in imposing the discipline the Activity had acted in
an arbitrary or capricious manner. Second, the Activity argues that the
Arbitrator failed to properly credit the testimony of management's witnesses at
the arbitration hearing.

We conclude that the Activity has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in section
7122(a) of the Statute; that is, that the award is contrary to any law, rule or
regulation or that the award is deficient on other grounds similar to those
applied by Federal courts in private sector labor-management relations. For
example, U.S. International Trade Commission, Washington, D.C. and American
Federation of Government Employees, Local 2211, AFL - CIO, 13 FLRA 440 (1983)
(exceptions that constitute nothing more than disagreement with an arbitrator's
evaluation of the evidence and testimony do not provide a basis for finding an
award deficient); Portsmouth Naval Shipyard and Federal Employees Metal Trades
Council, AFL - CIO, 5 FLRA 230 (1981) (an arbitrator properly may determine
that all or part of a disciplinary penalty was not for just cause as required
by a negotiated agreement and may set aside or reduce the penalty).
Accordingly, the Activity's exception is denied.